Text: HF02496 Text: HF02498 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 HOUSE FILE 2497
1 2
1 3 AN ACT
1 4 PROVIDING FOR A SICK LEAVE AND VACATION INCENTIVE PROGRAM FOR
1 5 STATE EMPLOYEES AND PROVIDING AN EFFECTIVE DATE.
1 6
1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 8
1 9 Section 1. 2004 SICK LEAVE AND VACATION INCENTIVE PROGRAM.
1 10 1. As used in this section, unless the context provides
1 11 otherwise:
1 12 a. "Credited service" means service under the Iowa public
1 13 employees' retirement system, as service is defined in section
1 14 97B.1A, and membership service under the public safety peace
1 15 officers' retirement, accident, and disability system, as
1 16 defined in section 97A.1.
1 17 b. "Eligible employee" means an employee for which, but
1 18 for participation in the program, the sum of the number of
1 19 years of credited service and the employee's age in years as
1 20 of December 31, 2004, equals or exceeds seventy-five.
1 21 c. "Employee" means an employee of the executive branch of
1 22 this state, including an employee of a judicial district
1 23 department of correctional services if the district elects to
1 24 participate in the program, an employee of the state board of
1 25 regents if the board elects to participate in the program, and
1 26 an employee of the department of justice. However, "employee"
1 27 does not mean an elected official.
1 28 d. "Participant" means a person who timely submits an
1 29 election to participate, and does participate, in the sick
1 30 leave and vacation incentive program established under this
1 31 section.
1 32 e. "Program" means the sick leave and vacation incentive
1 33 program established under this section.
1 34 f. "Regular annual salary" means an amount equal to the
1 35 eligible employee's regular biweekly rate of pay as of the
2 1 date of separation from employment multiplied by twenty-six.
2 2 g. "Sick leave and vacation incentive benefit" means an
2 3 amount equal to the entire value of an eligible employee's
2 4 accumulated but unused vacation plus the lesser of seventy-
2 5 five percent of the value of the eligible employee's
2 6 accumulated and unused sick leave or seventy-five percent of
2 7 the employee's regular annual salary.
2 8 2. To become a participant in the program, an eligible
2 9 employee shall do all of the following:
2 10 a. Submit by May 21, 2004, a written application, on forms
2 11 prescribed by the department of administrative services,
2 12 seeking participation in the program.
2 13 b. Agree to waive any and all rights to receive payments
2 14 of sick leave balances under section 70A.23 and accrued
2 15 vacation balances in a form other than as provided in this
2 16 section.
2 17 c. Agree to waive all rights to file suit against the
2 18 state of Iowa, including all of its departments, agencies, and
2 19 other subdivisions, based on state or federal claims arising
2 20 out of the employment relationship.
2 21 d. Acknowledge, in writing, that participation in the
2 22 program waives any right to accept permanent part-time or
2 23 permanent full-time employment with the state other than as an
2 24 elected official on or after the date the eligible employee
2 25 separates from employment as provided in this section.
2 26 e. Agree to separate from employment with the state on or
2 27 after July 2, 2004, but no later than August 12, 2004.
2 28 3. a. Upon acceptance to participate in the program and
2 29 separation from employment with the state on or after July 2,
2 30 2004, but no later than August 12, 2004, a participant shall
2 31 receive a sick leave and vacation incentive benefit. The
2 32 state shall pay to the participant a portion of the sick leave
2 33 and vacation incentive benefit each fiscal year for a period
2 34 of five years commencing with the fiscal year ending June 30,
2 35 2005.
3 1 b. A participant in the program shall be eligible to
3 2 continue participation in the group plan or under the group
3 3 contract at the participant's own expense in the same manner
3 4 as a retired employee pursuant to section 509A.13. In
3 5 addition, a participant shall be deemed an eligible retired
3 6 state employee for purposes of eligibility for continuation of
3 7 group insurance covering spouses as provided in section
3 8 509A.13A.
3 9 4. a. The department of administrative services shall
3 10 administer the program, including the determination of
3 11 eligibility for participation in the program, and shall adopt
3 12 administrative rules to administer the program. The
3 13 department may adopt rules on an emergency basis under section
3 14 17A.4, subsection 2, and section 17A.5, subsection 2,
3 15 paragraph "b", to implement this section and the rules shall
3 16 be effective immediately upon filing unless a later date is
3 17 specified in the rules.
3 18 b. Records of the Iowa public employees' retirement system
3 19 may be released for the purposes of administering and
3 20 monitoring the program subject to the requirements of section
3 21 97B.17, subsection 5.
3 22 c. The department of administrative services, in
3 23 collaboration with the department of management, shall present
3 24 an interim report to the general assembly, including copies to
3 25 the legislative services agency and the fiscal committee of
3 26 the legislative council, by October 1, 2004, concerning the
3 27 operation of the program. The department shall also submit an
3 28 annual update concerning the program by October 1 of each year
3 29 for four years, commencing October 1, 2005. The reports shall
3 30 include information concerning the number of program
3 31 participants, the cost of the program including any payments
3 32 made to participants, the number of state employment positions
3 33 eliminated pursuant to the program, and the number of
3 34 positions vacated by a program participant that have been
3 35 refilled.
4 1 5. The legislative council shall provide an incentive
4 2 program for employees of the legislative branch consistent
4 3 with the program provided in this section for executive branch
4 4 employees. The legislative council shall collaborate with the
4 5 department of administrative services to establish the program
4 6 as required under this subsection as nearly identical as
4 7 possible to the program provided executive branch employees
4 8 under this section. The program provided pursuant to this
4 9 subsection shall establish the same guidelines used to
4 10 establish an eligible employee and benefit calculations as
4 11 provided under the program for executive branch employees.
4 12 Sec. 2. SPAN OF CONTROL. The department of administrative
4 13 services, in consultation with the department of management
4 14 and after discussion and collaboration with executive branch
4 15 agencies, shall pursue a goal of increasing the ratio of the
4 16 number of employees per supervisor for executive branch
4 17 agencies in the aggregate to twelve employees for one
4 18 supervisor by December 31, 2005.
4 19 Sec. 3. EFFECTIVE DATE. This Act, being deemed of
4 20 immediate importance, takes effect upon enactment.
4 21
4 22
4 23
4 24 CHRISTOPHER C. RANTS
4 25 Speaker of the House
4 26
4 27
4 28
4 29 JEFFREY M. LAMBERTI
4 30 President of the Senate
4 31
4 32 I hereby certify that this bill originated in the House and
4 33 is known as House File 2497, Eightieth General Assembly.
4 34
4 35
5 1
5 2 MARGARET THOMSON
5 3 Chief Clerk of the House
5 4 Approved , 2004
5 5
5 6
5 7
5 8 THOMAS J. VILSACK
5 9 Governor
Text: HF02496 Text: HF02498 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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